Pomona Lemon Law
Pomona Lemon Law Attorneys
California established its lemon laws to help protect drivers from defective vehicles. The rules help those who have purchased a car only to find immediately or some time down the line that the car is rife with problems. Used car owners who realize their car is a lemon may face significant financial issues that can impact their livelihood and freedom.
The experienced Pomona Lemon Law lawyers at Wirtz Law APC have extensive experience securing favorable outcomes for California used car owners. While buybacks are one option, the attorneys at Wirtz Law strive to get more back for their clients than just a buyback amount, including incidental and consequential damages, or even civil penalties up to two times your actual damages. The firm pursues all available remedies against manufacturers and dealers who sell lemons to unsuspecting buyers. Contact the California lemon law attorneys at Wirtz Law at 858-259-5009 to schedule a free consultation to discuss your used car claim.
Does the California Lemon Law Cover New or Used Vehicles?
California’s lemon law, Civ. Code § 1793.2 et seq. protects consumers who purchase or lease a new or certified used car that is still under warranty and cannot be repaired after a reasonable number of attempts. The law covers cars, pickup trucks, vans, SUVs, and certain parts of motor homes. However, there are exceptions to this coverage. For instance, California’s lemon law does not apply to the following vehicles:
- After-market parts, such as trailer conversions;
- Off-road cars or other vehicles that are not registered under the state’s vehicle code; and
- Cars that have been purposely damaged or abused.
An attorney can help consumers determine whether their car qualifies as a lemon and what they can do to make things right.
Does the Lemon Law Apply to Vehicles that Have Had Multiple Owners?
Yes, California’s lemon law can apply to certain used cars with more than one owner. However, there are many aspects to this rule, the most critical of which requires that the used car still is under a manufacturer’s warranty. It is important to contact an experienced attorney to determine your lemon law rights for your used vehicle, SUV, EV, truck, or sedan if you are one of many owners that have owned the vehicle.
What Kind of Warranties Apply to Used Cars in Pomona?
California permits dealers to sell vehicles “as is,” which negates any lemon law or warranty claim. Similarly, the lemon law does not apply to cars only covered by the dealer’s extended service agreement. However, other civil remedies may apply to those cases.
In California, there are three leading factory warranties for used cars. These warranties include the following:
Transferred New Car Warranty: New vehicles come with a manufacturer’s warranty, sometimes known as a factory warranty, that applies for a set number of miles or years. The warranty is typically a promise that the vehicle will be free of defects during the warranty. Most new car warranties cover major car parts. If a covered part breaks during the warranty period, the warranty will pay for the repair. In most cases, the remaining miles or time on a used car’s factory warranty will transfer to the new purchaser.
Certified Pre-Owned (CPO) Warranty: Most CPO vehicles are covered by a limited powertrain warranty on the engine, transmission, and other costly parts. Further, these vehicles often have a bumper-to-bumper warranty, which covers a shorter period.
Lemon Buyback Warranty: Favorable lemon law claims can result in a buyback. Vehicles eligible for a lemon law buyback can have the manufacturer replace or buy back the defective car.
Very few manufacturers or dealers concede that they sold a lemon. As such, claimants often face an uphill battle to recover damages against a reticent manufacturer. An experienced Pomona lemon law attorney can help individuals navigate this complex area of the law and maximize their compensation, including getting civil penalties up to two times the amount of your actual damages if the manufacturer willfully refuses to follow the California lemon law.
Signs that a Used Car is a Lemon
In California, a car is a lemon if the vehicle’s problems have “nonconformities,” which limit the vehicle’s safety, use, or value. In many cases, a vehicle’s issues manifest themselves by impacting the vehicle’s brakes, engine, transmission, coolant system, steering system, and mechanical features. Even seemingly minor issues can create significant dangers to anyone in or around the vehicle.
There are steps that individuals can take to identify a lemon vehicle and avoid purchasing a car with severe defects. Some steps to detect a lemon include:
Reviewing the Buyer’s Guide
The Federal Trade Commission (FTC) requires California used car dealers to post a Buyers Guide in the window of every used car they offer for sale. The purpose behind the Buyers Guide is to notify consumers about any significant mechanical or electrical system issues in the car, whether the vehicle is being sold “as is,” and what percentage of the repair costs the dealer agrees to pay under warrant. The FTC has detailed rules and regulations regarding complying with the Buyers Guide requirements.
Inspecting the Exterior
Anyone considering purchasing a vehicle should use due diligence in thoroughly inspecting the vehicle. A thorough inspection may reveal whether the car has undergone significant body work. Some signs that a vehicle has been repaired include mismatched panels, uneven gaps, and paint over-sprays. Further, consumers should consider using a measuring tape to determine the distance between each wheel. Discrepancies between the wheels may indicate that the car underwent repairs after an accident.
Requesting Vehicle History Reports
These reports are a complete record of all publicly available information about a vehicle. Generally, the reports include information about the previous owners, maintenance, collisions, and other situations that may affect the vehicle’s safety, value, and operability.
Visiting a Mechanic
The eye sees many undetectable issues, and a mechanic is in the best position to determine whether the vehicle has severe mechanical or electrical problems. In many cases, used car dealerships must provide consumers with the opportunity to have the vehicle inspected by a mechanic.
Despite these steps, lemons often go unnoticed until they start having issues. An experienced Pomona Lemon Law attorney can help vehicle owners determine if their car is a lemon and effectively pursue their legal rights.
California Lemon Law Statute of Limitations
Most California lemon law cases must abide by the state’s four-year statute of limitations. The statute of limitations should expire four years after the warranty expires, but can also expire 4 years after when the owner experiences warrantable issues with their vehicle. Although the law provides a relatively lengthy statute of limitations, the longer one waits, the less likely one will have a favorable outcome.
What is the Lemon Law Claim Process?
An attorney is the most valuable resource in the beginning, settling and resolving a California defective vehicle claim. Some valuable evidence to have available when discussing a lemon law matter with an attorney include:
- Clear copies of any repair orders;
- Clear copies of the vehicle’s up-to-date registration;
- Information about financing and insurance; and
- The vehicle’s sale, purchase, or lease agreements.
An experienced attorney can assist with all steps of the lemon law claims process, including filing the necessary paperwork, gathering relevant evidence, and engaging in settlement negotiations, arbitration, or litigation. Many hesitate to contact an attorney because they fear the fees may be prohibitive.
Fortunately, in California, vehicle manufacturers and distributors are responsible for paying attorney fees and costs. As such, a reputable lemon law attorney will provide free consultations to discuss the best way to resolve a claim and then take your case on a contingency if you have a lemon law claim.
What Happens During A Lemon Law Case? – A Guide to California Lemon Law Infographic
Did Your Recent Pomona Vehicle Purchase Leave You Frustrated?
You have rights if you recently purchased a vehicle and believe it may be a lemon. At Wirtz Law APC, our Pomona lemon law attorneys have extensive hands-on experience helping vehicle owners pursue legal remedies against car dealerships and manufacturers.
If you are fed up, have had enough, and think your car is a lemon, contact us today for a free evaluation. If your vehicle is a lemon, we will take your case at no charge to you on a contingency fee basis. Wirtz Law APC provides one of the best Pomona Lemon Law attorney services everywhere in California, including Southern California, Northern California, Central California, and Eastern California.
At Wirtz Law, APC, we have over a 97 percent success rate among the cases we’ve handled and have recovered more than $45 million on behalf of our clients. To learn more and schedule a free consultation with a Pomona Lemon Law attorney, call 858-259-5009 today. You can also connect with us through our online contact form.
Over 97% Success Rate
In Lemon Law Claims
Wirtz Law was handed my 3-year-old automobile case by another firm with only 1 month to prepare for trial. They put all of their expertise into their preparation for my case. Richard Wirtz is not only a brilliant lawyer he is a wonderful human being. Jessica Underwood was there anytime I had a concern and…